Page:United States Statutes at Large Volume 92 Part 1.djvu/1169

 PUBLIC LAW 95-454—OCT. 13, 1978

92 STAT. 1115

" (iii) an action under chapter 75 of this title or other disciplinary or corrective action; "(iv) a detail, transfer, or reassignment; "(v) a reinstatement; "(vi) a restoration; "(vii) a reemployment; "(viii) a performance evaluation under chapter 43 of this title; "(ix) a decision concerning pay, benefits, or awards, or ..,:. concerning education or training if the education or training may reasonably be expected to lead to an appointment, promotion, performance evaluation, or other action described in this subparagraph; and "(x) any other significant change in duties or res|X)nsibil4 ities which is inconsistent with the employee's salary or grade level; with respect to an employee in, or applicant for, a covered position in an agency; "(B) 'covered position' means any position in the competitive service, a career appointee position in the Senior Executive Service, or a position in the excepted service, but does not include— "(i) a position which is excepted from the competitive service because of its confidential, policy-determining, policymaking, or policy-advocating character; or "(ii) any position excluded from the coverage of this section by the President based on a determination by the President that it is necessary and warranted by conditions of good administration. "(C) 'agency'means an Executive agency, the Administrative Office of the United States Courts, and the Government Printing Office, but does not include— "(i) a Government corporation; "(ii) the Federal Bureau of Investigation, the Central ''-"' Intelligence Agency, the Defense Intelligence Agency, the National Security Agency, and, as determined by the President, any Executive agency or unit thereof the principal function of which is the conduct of foreign intelligence or counterintelligence activities; or "(iii) the General Accounting Office. "(b) Any employee who has authority to take, direct others to take, recommend, or approve any personnel action, shall not, with respect to such authority— "(1) discriminate for or against any employee or applicant for employment— "(A) on the basis of race, color, religion, sex, or national origin, as prohibited under section 717 of the Civil Eights Act of 1964 (42 U.S.C. 2000e-16); "(B) on the basis of age, as prohibited under sections 12 and 15 of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 631,633a); "(C) on the basis of sex, as prohibited under section 6(d) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(d)); " (D) on the basis of handicapping condition, as prohibited under section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791); or '" " (E) on the basis of marital status or political affiliation, as prohibited under any law, rule, or regulation;

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